FACULTY OF LAW

Syllabus adapted within the framework of the health emergency due to COVID-19

Master's Degree in Law in Criminal Sciences

TOPICS IN CRIMINAL PROCEDURAL LAW II
Non-attending subject

I. GENERAL DATA

1.1 Graduate Section Law

1.2 Academic Semester 2020-I
1.3 Course Code 067407
1.4 Cycle II
1.5 Credits 03
Total weekly hours 06
Teaching hours 03
Theory hours 03
Practice hours 00
Non-teaching hours 03
1.6 Requirements None
1.7 Educators Dr. José Antonio, Neyra Flores

II. SUMMARY
The objective of this subject is for the master's student to perfect their
knowledge and optimize the fundamentals and levels of the theory of proof
from an epistemological perspective. It is essential for the student to identify the
principles, the difference with the action rules regarding non-evaluation and use
from the unlawful and illegal evidence, the procedural safeguards, the search and
preservation of the evidence acts and the restriction of the rights of the accused,
scientific tests, valuation systems, evidentiary logic, methods of
establishment of the facts in the trial and reasoning of the Judge. Likewise, the theory of the
nullity of the proceedings and of the appeal.

III. COMPETENCIES AND THEIR COMPONENTS INCLUDED IN THE SUBJECT

3.1. Competencies

a) Analyze the evidentiary activity according to the procedural criminal model adopted by the legislator
in the Criminal Procedure Code of 2004.
b) Apply the rules of appreciation and valuation of evidence in the criminal process.

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 c) Likewise, analyze and understand the theory of contestable resources according to our system.
legal.

3.2. Components

Capabilities

a) Identify and understand the importance of the evidentiary activity in the criminal procedural model
adopted in the CPP of 2004.
b) Interpret and critically analyze the legitimate evidentiary activity in our system
legal.
c) Differentiate between lawful evidentiary activity and unlawful evidentiary activity.

d) Interpret and critically analyze the evidence collected in particular in the

CPP of 2004.
e) Interpret and critically analyze the rules for the appreciation and assessment of evidence in
the criminal process.
f) Understand and critically analyze the theory of challenge resources and the types of
challenging resources, and distinguishes them from procedural remedies.

Attitudinal contents
a) Ethical commitment in all its activities.
b) It shows intellectual honesty by respecting the authorship and ideas of the authors of the books.
that serve as bibliographic sources for the development of the course.
c) Participate respectfully in virtual video conferences.

IV. CONTENT SCHEDULING

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 UNIT I
THE CRIMINAL PROCEDURE MODEL ADOPTED BY THE CPP OF 2004 AND THE EVIDENTIARY ACTIVITY.
CAPABILITIES

a) Identify and understand the importance of the evidentiary activity in the procedural criminal model adopted in the CPP of 2004.

HOURS HOURS
WEEK CONCEPTUAL CONTENTS PROCEDURAL CONTENT LEARNING ACTIVITY
LECTURES T. INDEP.

Overview of the online course:

The topics to be covered will be announced; the methodology to be followed in the course development will be explained, as well as 2 1
1
the form of virtual evaluation.

2T
Attend online classes.
Model procedural Accusatory recognizes and identifies the criminal procedural model recognized in the CPP of 2004. 1P
Participate in forums.
adopted by the CPP of 2004.
Review the readings 1
2
mandatory.
Watch the videos or
mandatory links and
complementary.
Perform tasks. 2T
Identify and understand the importance of evidentiary activity in the model
Ends of the criminal process: The Participate in the forums of 1P
criminal procedure adopted in the CPP of 2004.
feedback. 1
3 importance of the test.
View details of each class
in the programming of
activities (Virtual classroom).
Preliminary definitions of law Learn about the various topics that make up the evidentiary activity in our 2T
probative. legal system. 1P
1
4

UNIT II:
THE PROBATIVE ACTIVITY IN THE COMMON CRIMINAL PROCESS
CAPABILITIES

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Interpret and critically analyze the legitimate evidentiary activity in our legal system.
Differentiate between lawful evidence activity and unlawful evidence activity.

HOURS HOURS
WEEK CONCEPTUAL CONTENT PROCEDURAL CONTENTS LEARNING ACTIVITY
LECTIVES T. INDEP.
Attend online classes. 2T
Principles that govern activity Participate in forums. 1P
Review the readings
probationary. Theory of the burden of the Interpret and analyze the preliminary investigation of the crime. 1
5 mandatory.
test. Watch the videos or
mandatory links and
complementary.
Carry out tasks. 2T
Participate in the forums of 1P
Search for evidence and restriction. Analyze the preparatory investigation of the criminal process with critical thinking. feedback.
1
6 of fundamental rights. common.
View details of each class
in the programming of
activities (Virtual classroom).

2T
The theory of the prohibited evidence and 1P
Critically analyze the content of the theory of prohibited evidence. 1
7-8 its exceptions.

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 UNIT III:
ACTING AND EVIDENTIAL VALUATION
CAPABILITIES

Interpret and critically analyze the evidence collected in particular in the CPP of 2004.

Interpret and critically analyze the rules of appreciation and valuation of evidence in the criminal process.

HOURS HOURS
WEEK CONCEPTUAL CONTENTS PROCEDURAL CONTENTS LEARNING ACTIVITY
LECTURERST. INDEP.

Probative performance in the 2T

1
9 judgment. Know the evidential performance in the adjudication in our legal system. Attend online classes. 1P
Participate in forums.
Review the readings
Evidence: confession, Interpret and critically analyze the evidentiary means in particular mandatory.
2T 1
10 testimony collected in the CPP of 2004. Watch the videos or
1P
documentary and anticipatory. mandatory links and
complementary.
Carry out tasks. 2T
The theory of circumstantial evidence 1
11 Participate in the forums of 1P
feedback.
Interpret and understand how circumstantial evidence is constructed in the criminal process.

Theory of evidence assessment Interpret and analyze critically the assessment of evidence in the process View detail of each class
in the programming of 2T
12 in the criminal process. penal. 1
activities (Virtual classroom). 1P

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 UNIT IV:
THEORY OF CHALLENGING RESOURCES
CAPACITY

Know and critically analyze the theory of challenging resources and the types of resources.

HOURS HOURS
WEEK CONCEPTUAL CONTENTS PROCEDURAL CONTENTS LEARNING ACTIVITY
LECTURES T. INDEP.
General concepts: principles, Know and critically analyze the theory of challenging resources and Attend online classes.
2T
budgets and classes of resources the types of resources. Participate in forums. 1
13 1P
challenging. Review the readings
mandatory.
The theory of the appeal resource: Interpret and analyze the appeal resource in our legal system. Watch the videos or
2T
requirements, budgets and mandatory links and 1
14 1P
procedure. complementary.
Carry out tasks.
Participate in the forums of
The theory of extraordinary resource Interpret and analyze the appeal for cassation in our legal system. feedback.
of cassation: requirements, 2T
budgets and procedure. *View details of each class 1P 1
15 in the programming of
activities (Virtual classroom).

FINAL EXAM OF THE SUBJECT

16

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V. DIDACTIC STRATEGIES

In the subject, the active participation of students is considered essential for development
the content and educational activities planned in the Virtual Classroom, including the
strategic direction of the teacher. The teacher provides updated information and
resolves students' doubts through the consultation forum or online sessions.
encouraging their active participation, likewise the student assumes responsibility for
direct participation at the individual level, doing tasks through the platform.
Methodological strategies are very useful to the teacher for improvement.
continuation and achievement of meaningful learning, which is our goal. Among those that
we use we have:

Prepare essays and/or summaries.

Brainstorming.
Create visual organizers.
Develop summaries.
Draft essays
Online exhibition.
Discussion or debate.
Online sessions

VI. DIDACTIC RESOURCES

Digital books or E-books

Online classes
Forums
Mail
Video tutorials
Explanatory videos
Visual organizers
Multimedia presentations, among others.

VII. LEARNING EVALUATION

The evaluation process consists of the following two concepts:

I. Evaluation 1 (E1): It accounts for 40% of the final grade.

II. Evaluation 2 (E2): It is the average of the continuous assessments, which includes:
Reading controls.
Qualified practices.
Research works
Oral interventions
Average of forums
Average of tasks

Continuous assessments account for 60% of the final grade.

The teachers must enter the grade corresponding to this item by no later than,
two weeks before the end of the academic semester.
E1 (40%) + E2 (60%)

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 NOTE: Teachers are prohibited from applying a different weighting than before
indicated, under responsibility.

VIII. SOURCES OF INFORMATION

8.1. Basic Bibliography

1. AMBOS, Kai, Fundamentals and Problems of International and European Criminal Law and Criminal Procedure
Editorial Ubi Lex, Lima, 2013.
The theory of the extensive effect in American criminal procedural law and its transfer to the process
German Penal Code, in the Tribute Book to Professor José Hurtado Pozo, Idemsa, Lima, 2013.
2. ALVARADO VELLOSO, Adolfo, Procedural System, Guarantee of Freedom, AC Editions, Lima, January
2018
3. AZABACHE CARACCIOLO, César, Introduction to Criminal Procedure, Palestra Publishers, Lima, 2003.
4. ARMENTA DEU, Teresa, Judgment of accusation, impartiality of the accuser and right of defense, in Ius
and Praxis, V. 13, No. 2, Talca, 207. Online Version ISSN 0718-0012.
Lessons of Criminal Procedural Law, 5th edition, Marcial Pons, Madrid, 2010.
-Accusatory principle: reality and use, what it is and what it is not; in the journal Ius et veritas, No. 16, Lima, 1998.
The Reasons of Law. Theory of Legal Argumentation
6. ÁVALOS RODRÍGUEZ, Constante, The tax decision in the new Criminal Procedure Code, Penal Gazette
and Criminal Procedure, Lima, 2013.
Judicial protection of rights and necessary imputation. Analysis of Plenary Agreement No. 2-2012/CJ-116,
in Rev. Penal and Criminal Procedure Gazette, Vol. 43, January 2013.
7. BENAVENTE CHORRES, Hesbert, The necessary attribution and the degrees of knowledge in the Code
Criminal Procedure of 2004, in Rev. Penal and Criminal Procedure, T. 45, March 2013.
BINDER, Alberto, Introduction to Accusatory Criminal Procedure
What does changing criminal justice mean?, in Reform of the criminal process, BLG editions, Trujillo, 2005.
BOVINO, Alberto, Political Principles of Criminal Procedure, Editors of the Port, Argentina, 2005.
10. BURGOS MARIÑOS, Víctor, The reform of the criminal process in Peru: building the accusatory model, in
New criminal procedure and crimes against public administration (Castañeda Otsu, coordinator), Jurista publishers,
Lima, 2014.
-Guiding principles of the new Peruvian Criminal Procedure Code, in Cubas Villanueva and others. The new
Criminal process. Fundamental studies. Palestra editors, Lima, 2005.
Current Issues on the Criminal Process
The evidence in criminal procedure, 5th edition, Depalma, Buenos Aires, 2003.
Criminal process and historical truth, in Current Issues on the Criminal Process, Editors del Puerto,
Buenos Aires, 1997,
CHOCANO NÚÑEZ, Percy, Probative Law and Human Rights, Idemsa, 2nd Edition, Lima
2008.
13. CLARIA OLMEDO, Jorge, Treatise on Criminal Procedural Law, Vol. III, Buenos Aires, 1967.
14. CUBAS VILLANUEVA, Víctor, Notes on the new Criminal Procedure Code, the new Process
Penal, Lima, 2004.
The ownership of the exercise of criminal action, in Fundamental Principles of the New Criminal Procedure,
various authors, Legal and Criminal Procedural Gazette, Lima, 2013.
15. DEL RÍO LABARTHE, Gonzalo, The Intermediate Stage in the New Accusatory Criminal Process, Lima,
2010.
Civil action in the new criminal process, in New criminal process and crimes against public administration
(Castañeda Otsu, coordinator), Jurista editors, Lima, 2014.
GALVEZ VILLEGAS, Tomás, Seizure, confiscation and detention, Ideas editorial, Lima, 2013.

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The Evidence by Indications in the Criminal Process
The nature and scope of civil reparation: Regarding the binding precedent established in the
Supreme Ruling R. N. 948-2005-Junín, published in the legal magazine Ita Ius Esto, December 2012.
Lessons on Criminal Procedure Law
Criminal Procedural Law, 2nd Edition, Colex, Madrid, 2007.
-The accusatory principle in Peru and Spain, in Penal and Criminal Procedure Gazette, Vol. 52, October 2013.
GÓMEZ COLOMER, Juan Luis, Jurisdictional Law III. Criminal Process. Purpose of the process, 12th
edition, Tirant lo Blanch, Valencia, 2003.
-The criminal process in the Rule of Law. Ten doctrinal studies, Palestra editors, Lima, 1999.
The Spanish criminal process, for non-lawyers, Tirant lo Blanch, Valencia, 1992.
20. GONZALES LAGIER, Daniel, Facts and arguments (epistemological rationality and proof of the
facts in the criminal process) III, in Legal Journal Judges for Democracy, No. 47, July 2003, Madrid,

Treatise on Criminal Evidence in the Adversarial Accusatory System

editors, Buenos Aires, 2017.
22. NIEVA FENOLL, Jordi, Foundations of Criminal Procedure Law, B and F Publishing, Buenos Aires, 2012.
MAIER, Julio, Criminal Procedural Law, Vol. I, Fundamentals, 2nd Edition, Publishers of the Port, 1996.
The German criminal procedural code, De Palma editions, Buenos Aires, Vol. I, 1978.
Criminal Procedural Law I. Fundamentals, Vol. II, 3rd reprint of the 2nd edition, Buenos Aires, 2004.
Criminal Procedural Law Vol. I, foundations, Argentina, 2002.
24. MENDOZA AYMA, Francisco, The need for a specific accusation in the construction of a
Cognitive Criminal Procedure, IDEMSA, Lima, 2nd edition, 2015.
25. MIRANDA ESTRAMPES, Manuel, The exclusion rule of illegal evidence and its exceptions (analysis)
compared to different explanatory models), in the new criminal process and crimes against public administration
(Castañeda Otsu, coordinator), Jurista editors, Lima, 2014.
The guarantor judge vs. The investigating judge in the accusatory criminal procedural system, in Journal
Peruvian Journal of Criminal Sciences, No. 17, Lima, 2005.
The evidence in the accusatory criminal process, reflections adapted to the Peruvian Criminal Procedure Code.
2004, Jurista publishers, Lima, 2012.
MIXÁN MASS
Design of oral trial in the Huanchaco project, in Reform of the criminal process, BLG editions, Trujillo,
2005.
27. MONTERO AROCA, Juan, Criminal Process and Freedom, Madrid, 2008, Thomson Civitas Publishing.
José Neyra Flores, Manuel del Nuevo Proceso Penal y de litigación oral
ORE GUARDIA, Arsenio, Jurisprudence on the Application of the New Criminal Procedure Code, Vol. 2, AMAG, Lima
2012.
Manual of Criminal Procedural Law, Vol. 1, Reforma Publishing, Lima, 2011.
30. PEÑA CABRERA FREYRE, Alonso, The principle of necessary imputation as a procedural guarantee and to
the substantive time, in Rev. Penal and Criminal Procedural Gazette, T. 45, March 2013.
The Intermediate stage in the 2004 Criminal Procedure Code. The functions of the Public Ministry and the Judge
from the preliminary investigation, in Legal Update, No. 157, December 2006.
31. PÉREZ DEL VALLE, Carlos, Studies on Judicial Independence and the Criminal Process, Grijley, Lima,
2005.
32. PICÓ I JUNOY, Joan, The Judge and the Evidence, Pontifical Javeriana University, Bogotá, 2011, note 452, p.
150.
The Constitutional Guarantees of the Process
33. PIZZI, William T, Trials and Lies, Chronicle of the Crisis of the American Criminal Justice System,
Tecnos, Madrid, 2004.
ROMERO PRADAS, María, The Dismissal, Valencia, 2002.
35. ROSAS YATACO, Jorge, Treatise on Criminal Procedural Law. Analysis and Development of the Institutions
of the new Criminal Procedure Code, V. I and II, Pacific Editors, Lima, 2013.

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The Public Ministry as the holder of the criminal action, of the duty of the burden of proof and of the
conduct of the investigation, in Fundamental Principles of the New Criminal Procedure, various authors,
Legal and Criminal Procedure Gazette, Lima, 2013.
36. ROXIN, Claus, Criminal Procedural Law, translated by Córdoba-Pastor and reviewed by Julio Maier,
Port editors, Buenos Aires, 2000.
37. ROXIN, Claus and SCHUNEMANN, Bernd, Criminal Procedure Law, translation of the 29th edition, by
Mario F Amoretti and others, Didot editions, Argentina, 2019.
38. ROXIN, Claus and ARTZ, Günter and TIEDEMANN, Klaus, Introduction to Criminal Law and Law
penal procedural, translation of the second German edition, Ariel, Barcelona, 1989.
39. RUBIO LLORENTE, Francisco, Fundamental rights and constitutional principles (doctrine
jurisprudential), Ariel, Barcelona, 1995 and first reprint 2010.
40. SAN MARTÍN CASTRO, César, Criminal procedural law – lessons, INPECCP, Lima, 2015.
Studies in Criminal Procedural Law, Grijley, Lima, 2012.
Criminal process, constitution and procedural principles, in tribute book to Professor José Hurtado Pozo.
Idemsa, Lima, 2013.
Criminal Procedural Law, Vol. I, 2nd, updated and expanded edition, Grijley, 2003.
General introduction to the study of the new Criminal Procedure Code, in The New Criminal Process, Studies
Fundamentals, Palestra Publishers, Lima, 2005.
-Prologue of the book: The Intermediate Stage in the New Adversarial Criminal Process, Del Río Labarthe, 2010,
Pablo Sánchez Velarde
-Manual of Criminal Procedure Law, Idemsa, Lima, 2004.
-Introduction to the new criminal process, Idemsa, Lima, 2005.
-Criminal Procedure Code, commented, Idemsa, Lima, 2013.
-New Criminal Procedure, Idemsa, Lima, 2009.
The preliminary title and the principles in the Criminal Procedure Code of 2004, in tribute book to the professor
José Hurtado Pozo, Idemsa, Lima, 2013.
The Public Prosecutor's Office and the Criminal Process in the rulings of the Constitutional Court. In Yearbook of
Criminal Law 2009.
42. SALINAS SICCHA, Ramiro, The intermediate stage and judicial resolutions according to the Procedural Code
Penal of 2004, Grijley, Lima, 2014.
Conducting the investigation and the prosecutor's relationship with the police in the new criminal procedural code; in the
Jus-doctrine and practice magazine, No. 3, Lima, March 2007.
Crimes against public administration, 5th Edition, Iustitia Publishing, Lima, 2019.
43. SENTIS MELENDO
44. TALAVERA ELGUERA, Pablo, Comments on the new Criminal Procedure Code, Grijley, 2004.
The test in the New Criminal Procedure, Manual of evidentiary law for the evaluation of evidence,
Academy of the Judiciary, Lima, 2009.
TARUFFO, Michele, Theory of Proof, first edition, Ara editors, Lima, 2012.
Simply the truth. The Judge and the construction of facts, Marcial Pons, Madrid, 2010.
-Probative powers of the parties and the Judge in Europe, in the journal Ius Et Praxis, vol. 12, N° 2,
University of Talca, Chile, 2006,
The Test of Facts
Neuroscience and Criminal Process
Madrid, 2013.
Basic Course of Criminal Procedural Law

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